RULING
1. This matter was fixed for hearing by consent.
2. When the matter began in the morning, the 1st Defendant Counsel did inform the Court that one of the witnesses was not available but did not give any reason of his absence.
3. The Court did direct Counsel 1st Defendant to contact the witness with a view to attend Court either physically or virtually to testify on behalf of the 1st Defendant.
4. Counsel for the 1st Defendant did undertake to contact the witness and there was an expectation of the witness to testify at 12:00pm.
5. At 2:00pm, the witness had not appeared in Court or logged into the Court.
6. The 1st Defendant did inform the Court that the witness was unwell and would not attend Court.
7. The Court is really not persuaded with this reason of illness because the 1st Defendant Counsel did not mention it in the morning.
8. However, in the interest of justice, the matter is hereby adjourned.
9. Summons do issue to one Advocate Kipkemoi Eric Nyongio Rotich of P.105/7081/08 to attend Court on the 3.06.2026 at 11:00am to testify to the Certificate of Attestation contained in the Agreement for Sale dated 7.06.2016, the transfer witnessed on 19.12.2020 and the application for consent in relation to the property known as Eldoret Municipality Block 12(XII)423 prepared for the Plaintiff in favour of the 1st Defendant
10. In the event the witness will not attend Court, the 1st Defendant undertakes to close the case.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr. Kenei
Defendant: Mr. Sang for the 1st Defendant
Mr. Kwame for the 2nd and 3rd Defendants
| ELC.E025 OF 2024 RULING2 |